Okla. Stat. tit. 58, § 58-1252

Acceptance of transfer-on-death deed.

A. An interest in real estate may be titled in transfer-on-

death form by recording a deed, signed by the record owner of the

interest, designating a grantee beneficiary or beneficiaries of the

interest. The deed shall transfer ownership of the interest upon

the death of the owner. A transfer-on-death deed need not be

supported by consideration. For purposes of the Nontestamentary

Transfer of Property Act, an “interest in real estate” means any

estate or interest in, over or under land, including surface,

minerals, structures and fixtures.

B. The signature, consent or agreement of or notice to a

grantee beneficiary or beneficiaries of a transfer-on-death deed

shall not be required for any purpose during the lifetime of the

record owner.

C. A designated grantee beneficiary may accept real estate

pursuant to a transfer-on-death deed only on behalf of himself,

herself, or a legal entity over which he or she has proper

authority. A beneficiary shall not accept such real estate on

behalf of another designated beneficiary.

D. Each designated grantee beneficiary wishing to accept real

estate pursuant to a transfer-on-death deed shall execute an

affidavit affirming:

1. Verification of the record owner’s death;

2. Whether the record owner and the designated beneficiary were

married at the time of the record owner’s death; and

3. A legal description of the real estate.

E. The grantee shall attach a copy of the record owner’s death

certificate to the beneficiary affidavit. For a record owner’s

death occurring on or after November 1, 2011, the beneficiary shall

record the affidavit and related documents with the office of the

county clerk where the real estate is located within nine (9) months

of the grantor’s death, otherwise the interest in the property

reverts to the deceased grantor’s estate; provided, however, for a

record owner’s death occurring before November 1, 2011, such

recording of the affidavit and related documents by the beneficiary

shall not be subject to the nine-month time limitation.

Notwithstanding the provisions of Section 26 of Title 16 of the

Oklahoma Statutes, an affidavit properly sworn to before a notary

shall be received for record and recorded by the county clerk

without having been acknowledged and, when recorded, shall be

effective as if it had been acknowledged.

F. A beneficiary affidavit recorded pursuant to this section

before November 1, 2023, in which one or more, but not all, named

beneficiaries of a transfer-on-death deed explicitly accepts the

Oklahoma Statutes - Title 58. Probate Procedure Page 159

interests being conveyed by the deed on behalf of all or some of the

beneficiaries named therein shall be effective to accept such

interests if executed by at least one of the named beneficiaries

accepting such interests.